This document serves as an contracted agreement between the ‘Coach’ (David Peragine) and the ‘Client’ (John Doe) to ensure alignment of; Program Services, Coach and Client Responsibility, Payment Terms, Cancellation and Refund Policy, Confidentiality, Disclaimer, Termination, Indemnity/Limitation of Liability, and Modification. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
1. Program Services
- Weekly one-on-one (Zoom or Phone) Check-in calls — expected duration is 30-60 minutes;
- Weekly one-on-one Functional Mobility classes — expected duration is 45-60 minutes;
- Bi-weekly educational focus topics examined successively;
- All Check-In calls and Functional Mobility classes will incorporate different breathing techniques to either begin, end, or both.
2. Coach and Client Responsibility
- Coach and Client agree that the Services shall be provided on such dates and times and at such locations or virtual platforms as the parties hereto in good faith mutually agree to;
- Coach and Client will be on time for scheduled calls and classes;
- Coach and Client agree to be present and free from distractions during calls and classes;
- Coach can be contacted via email or text for basic inquiries any time and will reply to said inquiry within 24 hours of receipt;
- Coach will support the Client’s learning and forward progress;
- Coach will accept Client completely and meet them where they are;
- Coach will be kind, honest and direct;
- Coach will be prepared for every session;
- Coach will validate, focus on and believe in the Client’s strengths and agenda for optimal health;
- Client will be prepared for each session with agenda for coaching needs;
- Client agrees to not withhold any information necessary for Coach to provide the Program Services or that could prevent the calls or classes from running fluidly;
- Client agrees to be open, present and prepared to fully participate in receiving Program Services;
- Client gives Coach permission to be direct and unreserved with Client;
- Client will complete required forms and assignments provided by Coach in the expected timelines to ensure seamless coordination and progression ahead of scheduled Program Services.
3. Payment Terms
- The cost for the program is $2000;
- $500 deposit to begin the Discovery Process;
- $750 to be received prior to Enrolment call;
- Remaining $750 to be received prior to week 1 Check-in call;
- Coach shall issue a 5% late penalty charge to all balances that are not paid when due;
- Additional classes and/or extensions to the Program can be negotiated and scheduled.
4. Cancellation and Refund Policy
- 24 hour notice must be provided for Check-in call or Functional Mobility class re-scheduling to avoid additional charge of $100 tin order to accommodate programming customizations;
- There is no fee for re-scheduling, only if, sufficient notice (more than 24 hours) was provided but please note; this may impact overall duration of program;
- Upon execution of this Agreement, Client shall be responsible for the payment amounts, on the payment dates, as offered by Coach. If Client cancels any Service for any reason whatsoever, Client shall not be entitled to a refund.
- Any and all information shared by Client will be held confidential by Coach. This includes all discussions and any written materials. Furthermore, no information will be released to any other individual or agency without specific consent of Client, unless specifically required by law or if there exists danger of harm to Client or someone else;
- Coach has the right to use case studies of Client’s situations and results or Client testimonials in future work but without making reference to Client’s identity;
- Coach will always notify Client prior to any case study or testimonial being published.
I understand the services provided are at all times restricted to consultation on the subject of health matters intended for general wellbeing and are not meant for the purpose of medical diagnosis, treatment or prescribing medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine, and this statement is being voluntarily acknowledged.
Coach is committed to providing all clients in the Program with a positive Program experience. By purchasing this Program, Client agrees that Coach may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or is upon violation of the terms as determined by Coach. Client will still be liable to pay the total contract amount.
8. Indemnity/Limitation of Liability
Client shall defend, indemnify, and hold harmless Coach and any Company’s successors from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any of its affiliates or successors. Client shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that Coach and any successors shall not be held personally responsible or liable for any actions or representations of Coach. In consideration of and as part of my payment for the right to participate in the Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Coach and any subsidiaries, or successors, and assigns and any of the training instructors, guides, or any part of the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Program.
Coach can modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and participating Clients shall be notified.
10. Duty to Read
- Coach will not diagnose or treat any medical conditions;
- Coach will not make recommendations for removal (or addition) of pharmaceuticals or any other medicinals prescribed or not;
- Client will immediately consult a Physician at the recommendation of Coach;
- Client accepts and agrees that Client is 100% responsible for progress and results from Program Services. Client Accepts and Agrees that Client is the one vital component to success and that Coach cannot control the Client’s actions. Coach makes no guarantee or Warranty that the program will meet Client requirements or Client will achieve similar results to other participants or personal expectations.;
I accept that under this agreement, I have a duty to read this terms of the Coach – Client Agreement, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defence against all remedies contained herein.